WSH Legal Update

Workplace Safety and Health (Approved Codes of Practice) Notification 2020

The Workplace Safety and Health (Approved Codes of Practice) Notification 2020 was published on the Government Electronic Gazette on 04 December 2020. This new Notification will be effective from 14 December 2020 and the Workplace Safety and Health (Approved Codes of Practice) Notification 2019 will be revoked accordingly.

The new addition is:

• SS 485: 2011 Specification for slip resistance classification of pedestrian surface materials.

The following ACOPs are updated to the latest revision:

• SS 531: 2019 Code of practice for lighting of work places – Part 3: Lighting requirements for safety and security of outdoor workplaces
• SS 651: 2019 Safety and health management system for the chemical industry
  – Requirements with guidance for use (previously SS 506: Occupational safety and health management system – Part 3: Requirements for the chemical industry)
• SS 657: 2020 Code of practice for workplace noise control (previously CP 99: Code of practice for industrial noise control)
• SS EN 131: 2019 Parts 1, 2, 3, 4, 6 and 7: Ladders (previously SS 176: Portable aluminium ladder).

Workplace Safety and Health Act

Application of Act

Except as otherwise expressly provided in the Act (but not the regulations), the provisions of this Act shall apply to workplaces within the class or description of workplaces specified in the First Schedule.

First Schedule

WORKPLACES SUBJECT TO ACT

1. Any premises which is a factory.
2. Any premises within an airport where any checking, inspecting, cleaning, loading, unloading or refueling of an aircraft is carried out by persons other than by the crew of the aircraft.
3. Any ship in a harbour where

(a) any scaling, scurfing or cleaning of boilers (including combustion chambers and smoke boxes) in the ship;

(b) any cleaning of any tank, bilges or holds in the ship; or

(c) any construction, re-construction, repair, fitting, furnishing or breaking up, is carried out.

5. Any dock, wharf or quay where loading, unloading or bunkering of a ship is carried out by persons other than by the crew of the ship.
6. Any premises delineated as a railway area under the Rapid Transit Systems Act and where any inspection, testing or maintenance of any railway is carried out.
7. Any premises (other than domestic premises) in which a steam boiler, steam receiver or air receiver is used.
8. Any laboratory or other premises where the testing, examination or analysis of any article is carried out.

Requirement for Workplace Safety and Health Committee

Ref.: Workplace Safety and Health Act (Section 29)
Workplace safety and health committees

1. Every workplace within the prescribed class or description of workplaces shall have a workplace safety and health committee appointed.
2. The workplace safety and health committee of a workplace shall comprise representatives of employees of the workplace as well as employers.
3. The functions of a workplace safety and health committee shall be —
   (a) to keep under review circumstances in the workplace which affect or may affect the safety or health of persons in the workplace;
   (b) to promote co-operation between management and employees in achieving and maintaining safe and healthy working conditions;
   (c) to carry out from time to time inspections of the scene of any accident or dangerous occurrence in the interests of the safety and health of the employees;
   (d) to exercise such other functions and duties as may be prescribed or conferred on the committee under this Act; and
   (e) such other functions as may be prescribed.
4. The management shall provide such facilities and assistance to the workplace safety and health committee as the committee may reasonably require for the purpose of carrying out the committee’s functions and duties.
5. A workplace safety and health committee shall have such powers as may be prescribed, being necessary powers for the committee to discharge its functions and duties under the WSH Act.

Workplace Safety and Health (Workplace Safety and Health Committees) Regulations 2008

Functions Of Workplace Safety And Health Committee

General inspection of factory

• The workplace safety and health committee of the factory shall inspect the factory at least once a month to see if necessary measures are taken to ensure the safety and health of persons at work in the factory.
• Following every inspection of the factory, it shall be the duty of the chairman of the workplace safety and health committee of the factory to ensure that the workplace safety and health committee —

1. discusses the observations of the members during the inspection at its next meeting; and
2. records in a report —

(i)  its opinion in respect of the lack of any measure, or any deficient measure, taken to ensure the safety and health of persons at work in the factory; and
(ii) its recommendations on the actions to be taken in the factory to ensure the safety and health of persons at work in the factory.

Inspection of factory after accident or dangerous occurrence

Workplace safety and health committee to assist in organising certain activities to promote safe conduct of work in factory

The workplace safety and health committee of a factory shall, with the approval of the occupier of the factory, issue a set of guidelines to promote the safety and health of persons at work in the factory.

Basic knowledge of members of workplace safety and health committee

It shall be the duty of the occupier of a factory to take, so far as is reasonably practicable, such measures to ensure that the members of the workplace safety and health committee have a basic understanding and knowledge of the functions and duties of a workplace safety and health committee under the WSH Act.